Costs & Litigation Funding

superb reputation when it comes to costs

Legal 500

Chambers’ experience in this field has been described as demonstrating “strength in depth” with leading practitioners, both silks and juniors, recognised by Chambers & Partners and the Legal 500. We continue to provide day-to-day assistance to solicitors, clients, litigation funders, insurers (including legal expense and ATE insurers) on not only detailed assessments but also for costs management hearings in routine cases and also major group action litigation (such as the on-going phone hacking cases).

The members of chambers who are recommended for their expertise in costs work have been credited with providing “good, robust and commercial advice”; to be “masterful” advocates with “excellent attention to detail” and for being able to provide “good quality, clear and concise advice”. These are attributes we hope to provide to all clients regardless of the value or complexity of the particular dispute. Instructions can also be accepted on a public access basis.

TGC hosted a costs conference to a capacity audience “Retainer to Recovery – A Journey through Modern Litigation” a copy of the notes is available here.

Featured Case

Instructed as common costs counsel for the group litigation claimants arising out of mobile telephone voicemail interception against the News Group Newspapers and subsequently against the Mirror Newspaper Group.

Key Cases

Simon Browne QC, instructed by Richard Slade & Co, succeeded in persuading the Court of Appeal (Newey LJ, Coulson LJ and Haddon-Cave LJ) that Slade J of the High Court was wrong to hold that to qualify as an interim statute bill, a bill must include both profit costs and disbursements in respect of the period to which it covers.

Having delivered his judgement in Wave 1 of the phone hacking claims against the Mirror Group Newpapers, the Senior Costs Judge delivered a further judgment in the Wave 2 claims upon the test of proportionality and, in particular, how the value of the claim should be assessed and taken into account. Simon Browne QC represented the successful phone hacking victims in this landmark case.

A hotly contested detailed assessment requiring Shaman’s input on the preliminary points of the enforceability and scope of the retainer, and the recoverability of consultancy fees for a solicitor who was a party in the substantive litigation. Shaman’s client won the legal arguments at first instance before Master James and Shaman continues to act in the Appeal listed in April 2018.

Instructed by Atkins Thomson, Simon Browne QC, leading James Laughland, succeeded in persuading the Court of Appeal (the Master of the Rolls, with Longmore LJ and Irwin LJ) that the Senior Costs Judge was wrong to hold that the new test of proportionality applies to still recoverable additional liabilities. The Court of Appeal has unanimously held that the saving and transitional provisions in CPR 48, combined with the more limited definition of “costs” applicable since 1 April 2013 (that now omits any reference to “additional liabilities”), together operated to preserve the former Costs Rules, with their attendant Practice Directions, to the assessment of costs that include additional liabilities.

Three national newspapers (The Times, Daily Mail, and The Mirror) were attempting to avoid paying any additional liabilities (success fees and ATE premiums) to privacy and defamation claimants funded by conditional fee agreements. The challenge was based upon the newspapers’ freedom of expression under Article 10 of the European Convention of Human Rights.

Simon Browne QC, representing 599 holidaymakers who fell ill at a resort, successfully appealed against a decision certain claimants should have engaged in ADR prior to progressing their claims through the courts. Mr Justice Singh in delivering his judgement enunciated two important points of principle concerning the use of ADR.